Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22nd COURT, ANDHERI, MUMBAI.
Notice No.964/N/2021
Cr. No. 781/2021
M.I.D.C. Police Station
Mr. Ravindra Singh Tanwarsingh
Shekhawat
… Applicant
V/s.
State of Maharashtra
(M.I.D.C. Police Station)
...Respondent.
1. Perused the application in hand. Applicant Mr. Ravindra
Singh Tanwarsingh Shekhawat has filed this application under Section
457 of the Code of Criminal Procedure. The applicant has prayed for
return of muddemal property i.e. Honda Activa motorcycle bearing
registration No. MH02EY8374, Chassis No.ME4JF50AKJU320036
Engine No.JF50EU7320094.
2. The applicant has submitted that, he is the registered
owner of the said vehicle. It is also submitted by the applicant that the
said vehicle was seized by police and it is lying in MIDC Police Station.
3. The applicant has prayed for the return of said vehicle. He
also submitted that the aforesaid vehicle has been recovered by MIDC
police. If, the vehicle remains at MIDC Police Station, then it would be
damaged. That, he is ready to abide himself by conditions, imposed by
the Court for return of the vehicle. The applicant has also filed his
affidavit,, affidavitcumNOC of the first informant namely Gajendra
Singh Shekhawat, Aadhar card, copy of FIR, registration certificate,
insurance paper of said vehicle, in support of his application.
...2/
-- 1 of 3 --
...2...
4. The I.O. of M.I.D.C. Police Station, has filed its say at
Exh5 . He has no objection to return the abovementioned vehicle to
the applicant.
5. The registration certificate of the aforesaid vehicle has been
filed on record. As per this certificate, Engine number, Chassis number
are collateral with the application. The name of the applicant is also
appearing on the registration certificate.
6. The seizure of this vehicle is also drawn by I.O. It would
justify to hand over muddemal in question to the applicant because if it
remains in unused condition at police station, it would be vulnerable to
misappropriation or junking and for the same the owner should not
suffer without his fault. Hence, considering the documentary evidence
on record, affidavit of applicant and also say of police, it leads to
conclusion that, the applicant is entitled to claim interim possession of
the vehicle under Section 457 of the Code of Criminal Procedure.
Hence, as the applicant is entitled to retain the interim possession of
muddemal property on certain conditions, as per Section 457 of the
Code of Criminal Procedure, I proceed to pass the following order:
O R D E R
1. The application is allowed.
2. Interim possession of Honda Activa motorcycle bearing
registration No. MH02EY8374, Chassis No.ME4JF50AKJU320036
Engine No.JF50EU7320094 seized by M.I.D.C. Police Station in C. R.
No.781/2021 be returned to the applicant Mr. Ravindra Singh
...3/
-- 2 of 3 --
...3... Notice Case No.572/N/2021
Order below Exh.1, contd.
Tanwarsingh Shekhawat R/at : T117, Har Har Mahadev Chawl,
Subhash Nagar No.2, Rabale Compound, MIDC Road, Andheri(E),
Mumbai400093 on his entering 'Supurtnama' Bond of Rs. 65,000/.
(Rs. Sixty Five Thousand only)
3. The applicant is hereby directed that he should not change
the colour of the vehicle, transfer, sale, mortgage or create right of any
third person over the vehicle and should not modify or alter the nature
of the aforesaid vehicle, without prior permission of the Court or till
final disposal of case filed under C.R.No. 781/2021 of M.I.D.C. Police
Station.
4. The applicant is directed to produce the vehicle, whenever
ordered by the Court and police.
5. Police are hereby directed to draw detail panchanama,
including minute specifications of the vehicle and to take minimum 2
photographs of vehicle, which should display registration number of
vehicle and other identification marks easily. The copies of photographs
along with negatives should be filed.
6. Issue letter to M.I.D.C. Police Station accordingly.
Date : 09.10.2021
Sd/
(A. A. Panchbhai)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
-- 3 of 3 --